OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 13th December, 2004 whereby the court below affirmed the conviction and sentence of the appellant by the trial court.
The appellant and four others had been listed on the information paper for prosecution (see page 1 of the record) but only four persons actually stood trial before the High Court of Justice, Edo State of Nigeria, Holden at Benin City. One Monday Eze, who was listed as No. 1 was reported to have died in custody and therefore did not stand trial. Yet, his name was never struck out and remained until judgment was given by the trial court. Therefore he remained and was referred to throughout the proceedings of the trial court as 1st accused person.
The appellant and three others were charged with and tried for the following offences -
Statement of Offence: Count 1
Conspiracy punishable under Section 5(b) of the Robbery an…